Laura Duffy: Path to justice starts with equal legal rights

Laura Duffy

Clarence Earl Gideon, a penniless drifter with scant education, a long rap sheet and a penchant for drinking and gambling, was arrested in 1961 and accused of stealing about $100 worth of coins, beer and soda from a Florida pool room. The court refused his request for a defense lawyer, so Gideon was forced to represent himself. It took a jury one hour to convict him.

From his prison cell, Gideon launched a legal revolution with a pencil and prison stationary.

His handwritten five-page petition to the U.S. Supreme Court was peppered with misspellings and awkward attempts at legal decorum, but his argument was unmistakable: He’d asked for a lawyer, and didn’t get one. This was unfair. Unjust. Un-American. And unconstitutional.

It was an argument that would – in the words of Attorney General Robert Kennedy – change “the whole course of American legal history.”

Against all odds, the high court agreed to hear his appeal and ultimately granted him a new trial – this time with a court-appointed lawyer. And this time, it took a new jury just one hour to acquit.

And with that unanimous, landmark Supreme Court decision – which gave all individuals the right to legal representation in felony criminal cases – Gideon won a major legal victory and did, indeed, change the American justice system forever.

Monday was the 50th anniversary of that remarkable case, known as Gideon v. Wainwright. In the decades since, our nation has made significant strides in fulfilling the promise of Gideon. For instance, many states have created public defender systems to serve those who can’t afford a lawyer.

Yet despite half a century of progress, far too many Americans struggle to gain access to the legal representation they need. Far too many public defenders are underfunded and overworked.

This precedent-setting decision – glorious though it is – is far from enough. The reality is, here in California and in so many states through the country, indigent defense providers are hampered by insufficient resources, inadequate oversight and caseloads so overwhelming they can reach 700 felony cases a year per attorney. As a result, the pressure to get defendants to plead guilty – and avoid costly investigation and evaluation – is tremendous. And that means for many people, “equal justice under the law” is merely a slogan, not the foundation of our justice system.

In short, as my boss, Attorney General Eric Holder said last week at a ceremony marking this important anniversary: America’s indigent defense systems exist in a state of crisis.

And as he said, it’s time to declare, once again, that this is unacceptable – and unworthy of a legal system that stands as an example for all the world. It’s time to reclaim Gideon’s petition – and resolve to confront the obstacles facing indigent defense providers. The integrity of our criminal justice system depends on effective representation for both the prosecution and defense. Our justice system is adversarial, but the prosecutor is a unique adversary – for his or her interest is not in winning, but in achieving justice.

The Justice Department is rising to this challenge. Last Friday, at a ceremony marking the 50th anniversary of Gideon, Attorney General Holder announced $1.8 million in new resources to improve access to criminal legal services and strengthen indigent defense across the nation.

At the center of our efforts is the department’s Access to Justice Initiative, launched in 2010 by Attorney General Holder to help ensure that basic legal services are available, affordable, and accessible to everyone.

We’re engaging with leaders like the American Bar Association, the National Association of Criminal Defense Lawyers, the National Legal Aid & Defender Association, state government officials, nonprofits and many others to improve representation for the indigent.

For more information about what the Department of Justice is doing to protect the rights of the indigent, please see

After his legal victory, Gideon settled into a quiet life and never tangled with the law again. According to press reports, he died of cancer in 1972. He was just 61 years old. His family buried him in an unmarked grave.

In 1984, the American Civil Liberties Union placed a granite headstone on his grave, the Hannibal Courier-Post reported. The headstone was engraved with a quote from a letter Gideon had written to his lawyer in 1962: “I believe that each era finds an improvement in law for the benefit of mankind.”

On this 50th anniversary of Gideon, the Justice Department is pursuing Gideon’s ideal by reaffirming its commitment to supporting the highest standards in criminal defense.